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Apple-Samsung trial: Jury to face huge questionnaire

There’s a price to be paid for serving on a civil jury in a patent dispute — and not just being forced to listen to lawyers drone on about nitty-gritty details. The real price, the jury in this trial being watched around the world is about to find out, is having to prove to the court they’ve been paying attention.

Because juries have to find the facts, then apply the law as the judge explains it, courts in the U.S. and Canada make civil juries answer a certain number of questions. It’s sort of “if you answer the first question ‘Yes,’ then go to question two. If you answer ‘No’ go to question four….” It’s intended to be a guide for the laymen on the panel who are inexperienced with judicial fact-finding — and to help lawyers on appeal argue the jury’s verdict was inconsistent with the facts they found.

This story gives a hint of what the jury has to face. Ponder this proposed question:

For each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC), Samsung Electronics America (SEA), and/or Samsung Telecommunications America (STA) has infringed Claim 19 of the ‘381 Patent?”

The jury has to answer yes or no for 57 times, for products and for each division.

Final summations are expected to start Tuesday.

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Currently a freelance writer, I'm the former editor of ITWorldCanada.com and Computing Canada. An IT journalist since 1997, I've written for several of ITWC's sister publications including ITBusiness.ca and Computer Dealer News. Before that I was a staff reporter at the Calgary Herald and the Brampton (Ont.) Daily Times.